Technically, Democratic Gov. Josh Stein’s lawsuit against Republican leaders over the transfer of his election appointment power to the state auditor could go on for a number of months. But practically, it’s over. 

Friday evening, the North Carolina Supreme Court ruled that the North Carolina Court of Appeals did not break any rules by allowing the power shift to go into effect on May 1, when a new State Board of Elections was appointed by Republican State Auditor Dave Boliek. 

While the court did not technically rule on the state constitutional questions at play — does the power shift violate separation of powers or the governor’s duty to faithfully execute the law? — it clearly signaled its approval of the power shift in a 5-2 decision. 

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Now, the majority Republican Court of Appeals will decide on those questions. 

Ultimately, its decision may be appealed to the North Carolina Supreme Court to review again. Since the case deals only with the state constitution, there are no federal court appeal options, said Martin Warf, attorney for Senate President Pro Tempore Phil Berger. 

North Carolina Democratic Party Chair Anderson Clayton confirmed. 

“State court is where this is going to begin and die,” she said. “That’s what Republicans knew going into it.”

How we got here

For nearly a decade, Republican lawmakers have pushed for an elections appointment power shift. 

Their various attempts have included a failed constitutional amendment creating an eight-member board with equal party representation, a law shifting appointment power to the legislature and an elimination of the board altogether to form a new Bipartisan State Board of Elections and Ethics Enforcement. 

All have fallen short. Until now.

Last December, the legislature passed Senate Bill 382, a Hurricane Helene relief bill that also shifted elections appointment power from the governor to the state auditor, a newly Republican-held office. 

In April, the Wake County Superior Court ruled 2-1 that taking away the governor’s election appointment power would hinder his constitutional duty to “take care that the laws be faithfully executed.” 

A week later, an anonymous three-judge panel of the North Carolina Court of Appeals handed down a ruling allowing the power shift to go into effect while they considered the issue. The ruling did not include an explanation.

While Stein asked for the state Supreme Court to step in and postpone the changes until a full decision was made, the court did not do so. If that wasn’t enough to make the court’s stance clear, its Friday opinion certainly did the job. 

According to the court’s reading of the state Constitution, the governor may head the executive branch, but he doesn’t “unilaterally exercise the executive power.” That’s for all 10 Council of State members, including the auditor, to share. Furthermore, the General Assembly is granted power under the state Constitution to assign many of those executive powers as they please, the opinion stated. 

Separation of powers issues brought up by Stein are irrelevant, the opinion stated. While the legislature is the one making the decisions, the transfer of power is contained within the executive branch. 

Democratic Justices Anita Earls and Allison Riggs dissented. 

Earls accused her colleagues of “gaslighting” by claiming to not decide the constitutional issue while laying out their logic for supporting the power shift anyways. The majority opinion ignores precedent on executive power, and gives the legislature free rein to “reshuffle the powers and responsibilities of constitutional officers who are elected by the entire state,” she added. 

“If the voters of North Carolina wanted a Republican official to control the State Board of Elections, they could have elected a Republican Governor,” Earls wrote. “If they wanted David Boliek (the Auditor) in particular to run our elections, they could have elected him Governor. The voters did not.” 

After power shift, what’s next? 

Democracy North Carolina policy director Katelin Kaiser worries that the state Supreme Court ruling will create a culture of fear. 

What if Democratic Superintendent of Public Instruction Mo Green pushes back on the legislature’s stance on DEI? Are they going to modify his powers, Kaiser asked. 

“It creates a requirement of loyalty to the North Carolina General Assembly,” she said. “Rather than the separation and balance of powers, it’s the General Assembly’s say, and if you don’t fall in line, you could be next.” 

The courts won’t offer any relief, Clayton said, so instead she’s looking to another source of power: people’s voices. 

It’s as important now as ever for educated voters to show up to election board meetings, Clayton said. 

“It means making sure that we are present and vocal, and that we’re not also appointing folks that are going to just agree with what the Republican majority on the board says,” she said. 

Further down the line, re-electing Justice Earls and flipping Republican state Supreme Court seats in 2028 is the Democratic plan, she said. 

“We know that Republicans do not believe in fair and impartial judgments anymore,” Clayton said. “They believe in partisan acts and empowering their own party to ignore the Constitution.” 

Kaiser said Democracy NC will bolster its county election board monitoring program and continue advocating for elections officials. For example, they’d like the legislature to change a 1999 law that allows county elections directors to be paid as little as $12 an hour. 

“We’ve seen time and time again that their workload increases, and yet, many times the state does nothing to support,” she said. 

There’s no question that Republican legislators will win the case, Common Cause policy director Ann Webb said. The only question is how long it will take until the litigation officially ends. 

“I think the question is really up to the Governor at this point, whether to continue to pursue this case, recognizing that it’s been signaled from both of these courts where they stand,” Webb said. 

Related

• Southern Living highlighted two Western North Carolina locations among its 25 best Southern road trip destinations.
• Sliding Rock in Pisgah National Forest offers a unique natural waterslide experience for visitors.
• Grandfather Mountain’s Mile High Swinging Bridge provides breathtaking views and an adrenaline rush at a high elevation.

With summer approaching fast, Southern Living named 25 road trip locations in the southern U.S. – including two right here in Western North Carolina.

Established in 1966, Southern Living aims to “celebrate the food, homes and places that define our region.” The magazine has recognized WNC locations plenty of times, including among a recent round of studies honoring the “South’s Best.”

On a list published May 24, 2025, of 12 “unforgettable” road trip stops, three locations in N.C. were honored – two of which were located in the western region of the state.

Here’s what Southern Living writers said about the N.C. stops that “every Southerner should see this summer.”

Bucket list road trip stops in North Carolina

The three suggestions Southern Living writers had for road trip stops in N.C. included Sliding Rock in Pisgah Forest, the Mile High Swinging Bridge at Grandfather Mountain and Wilson’s Whirligig Park.

Here’s what to know about the two WNC locations mentioned.

Sliding Rock, NC

Not for the first time, Pisgah National Forest made Southern Living’s list. This time, writers suggested a road trip stop at Sliding Rock, WNC’s natural water slide.

Sixty feet in length, transporting 11,000 gallons of cold, steadily flowing mountain water, Sliding Rock is the perfect stop for Blue Ridge Parkway road trippers looking to cool down and experience a unique regional staple.

For $5, visitors can join the sliding fun or watch from observation decks and nearby trails. Asheville’s tourism website ExploreAsheville.com suggests sliding between Memorial Day and Labor Day when lifeguards are on duty and bathrooms/changing rooms are open.

The same article suggests arriving early and avoiding busiest hours between noon-4 p.m.

Location: Near Brevard, Sliding Rock is on U.S. 276 about 7.5 miles north of the Pisgah Forest intersection of N.C. 280, U.S. 64 and U.S. 276.

Mile High Swinging Bridge

The other WNC option on Southern Living’s list was the Mile High Swinging Bridge at Grandfather mountain, which writers called a “must-stop.”

Admission prices vary seasonally, with children’s tickets for $12 and adult tickets generally between $22-$32. Stairs and elevators provide access to the bridge, which spans 228 feet across a deep chasm at 5,280 feet elevation. Sweeping mountain views – and plenty of adrenaline – can be found at this famous spot.

Location: 2050 Blowing Rock Highway, Linville

Iris Seaton is the trending news reporter for the Asheville Citizen Times, part of the USA TODAY Network. Reach her at iseaton@citizentimes.com.

When the NCAA Division I softball tournament began two weeks ago, 54 players from the state of North Carolina took the field — the sixth most nationally.

Seven players from four schools are now Oklahoma City-bound for the Women’s College World Series.

The tournament begins on Thursday, May 29, with the National Championship series set for June 4-6.

Here are the players with North Carolina high school ties.

Tennessee (3)

The Volunteers lead the list and have one of the tournament’s top stars in North Buncombe alum Karlyn Pickens.

Pickens, who broke her NCAA record for fastest recorded pitch (79.4 MPH) last week in the Super Regional, was a four-year star in Weaverville. She struck out over 700 career batters, tossed a dozen no-hitters, and finished off six career perfect games.

At the plate in high school, Pickens was a .500 career hitter with 23 home runs and 66 runs batted in. She led the Blackhawks to a state runner-up finish in 2022 and was named All-State by HighSchoolOT twice. She also played girls basketball and volleyball at North Buncombe.

Now a junior at Tennessee, she enters the WCWS second in the country in ERA and sixth in strikeouts with 270.

Last year’s NCHSAA Female Athlete of the Year, Emma Clarke, has started 30 games and appeared in 40 as a true freshman. Clarke was a standout three-sport star at West Rowan and led the Falcons to consecutive NCHSAA 3A girls basketball titles (winning game MVP in 2024).

As a shortstop for West Rowan, Clarke was a three-time HighSchoolOT All-State selection and a .538 lifetime hitter. She homered 43 times and drove in 154 runs. She has left the yard twice for the Volunteers this spring, and of her 11 RBI, two came on a double in the NCAA Regional round against Miami (OH).

Speaking of multi-sport standouts, Robbinsville’s Zoie Shuler was an 11-time NCHSAA track and field state champion. Now a true freshman at Tennessee, she has appeared in 35 games and scored 14 runs.

Shuler was also a three-time HighSchoolOT All-State softball selection. She posted a career batting average of .568, hit 31 home runs, drove in 123 runs, and scored 197 times for the Black Knights.

Oklahoma (2)

Kierston Deal was one of the nation’s top-ranked recruits when she graduated from East Forsyth in 2022. Now she is in pursuit of her third straight national championship.

After Karlyn Pickens won the NC Gatorade Player of the Year in 2021, Deal received the 2022 honor. During her senior season, Deal posted a record of 23-3 with a 0.79 ERA and 305 strikeouts in 150.1 innings pitched. She walked just 34 batters. Deal batted .533 with five home runs and 28 RBI.

The lefty helped lead the Eagles to the NCHSAA 4A state championship series in both 2021 and 2022.

Now a junior for the Sooners, Deal has a career ERA of 2.44 and has pitched to a 10-2 record in 16 starts this season. In last Saturday’s Super Regional-clinching victory over Alabama, Deal went four innings and earned the win with four strikeouts.

Deal’s fellow starter, Isabella Smith, has one of the most unique journeys to the WCWS. The fifth-year senior did not play high school softball as her alma mater, St. David’s School in Raleigh, did not field a program. She originally signed with James Madison before transferring to Campbell, where she became one of the most decorated pitchers to pass through Buies Creek.

Smith was a two-time Conference Pitcher of the Year (Big South/CAA) for the Fighting Camels, and rode the success into the SEC, becoming the first player in program history to spin a perfect game while making her Oklahoma debut.

Florida (1)

Layla Lamar was a three-time HighSchoolOT All-State softball selection from Panther Creek. She hit .602 for her career (.680 as a sophomore) with 29 home runs and 104 RBIs.

As a senior in 2024, she pulled off one of softball’s rarest feats— a home run cycle in a win over Middle Creek.

Now a true freshman with the Gators, Lamar has started three times and plated four runs in 17 at-bats. She last appeared in game one of the Super Regional, drawing a walk in a 6-1 win over Georgia.

Ole Miss (1)

One of the NCHSAA’s all-time leaders in career batting average, Jaden Pone, will appear in the WCWS as a senior for the Rebels.

Pone was a three-sport athlete at Gray’s Creek and earned HighSchoolOT All-State merits.

She hit .670 in 65 career games as a shortstop in high school. That included a .717 batting average in her sophomore year. Pone drove in 124 career runs and left the yard 18 times.

Initially a Longwood commit, Pone posted a .412 career average with the Lancers and earned Big South Player of the Year honors. The last two seasons have been spent in Oxford, where she has started 116 of 118 games and hit. 354. She has flashed the leather to the tune of a 1.000 field percentage this season.